The YouTube advertisement for the TAB's Melbourne Cup season promoted a bonus credit of $20 from the TAB when new customers opened an account and made an initial deposit to activate the account.

The Complainant was concerned the advertisement was misleading consumers by using the term 'deposit' instead of the word 'bet'.

The Complaints Board said the complaint appeared to have arisen from a misinterpretation of what the promotion was offering in terms of opening an account rather than placing an actual bet.

The Complaints Board said the advertisement's terminology was technically correct and was therefore not misleading to consumers.

The Complaints Board ruled the advertisement was not in breach of Principle 2 or 3 of the Code for Advertising Gaming and Gambling and had been prepared with a high standard of social responsibility.

The Complaints Board ruled the complaint was Not Upheld.

[No further action required]

Please note this headnote does not form part of the Decision.

COMPLAINTS BOARDDECISION

The Chair directed the Complainants Board to consider the advertisement with reference to Principle 2 and Principle 3 of the Code for Advertising Gaming and Gambling. This required the Complaints Board to consider whether the advertisement was likely to mislead or deceive consumers, by abusing the trust of or exploiting the lack of knowledge of consumers. The Complaints Board was also required to consider whether the advertisement had observed a high standard of social responsibility. The Complaints Board ruled the complaint was Not Upheld

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The Complaint The Complainant was concerned the advertisement was misleading consumers by using the term 'deposit' as an alternative for the word 'bet'. The Complaint said this was disingenuous and manipulative advertising and does not promote responsible gambling.

The Advertiser's Response The Advertiser clarified the purpose of the advertisement was to promote the Melbourne Cup season of racing. The advertisement encouraged viewers to join the TAB. New customers who signed up for a TAB account using the nominated promo code ("GET20") by making an opening deposit into that account would receive a $20 account bonus credited to their account from the TAB as part of the promotion. The Advertiser stressed that at no time was there any mention of betting which was completely separate from the initial joining process.

The Advertiser also confirmed the advertisement mentioned that terms and conditions applied to the promotion.

The Complaint Board Discussion The Complaints Board began by discussing the general consumer takeout of the advertisement. It agreed the term 'deposit' referred to the funds a new customer would need to deposit when setting up an account with the TAB, rather than any subsequent betting. The GET20 promotion was trying to encourage consumers to join the TAB by offering an additional $20 once an account had been established.

The Complaints Board said the complaint appeared to have arisen from a misinterpretation of what the promotion was offering in terms of opening an account rather than placing a bet. While the Complaints Board acknowledged why the Complainant may have come to their understanding of the advertisement, it did not consider this would be the likely consumer takeout.

The Complaints Board noted the advertisement may have benefitted from using the word 'account', making it clearer to consumers new to this form of gambling that an account and opening deposit was necessary before any gambling could commence.

The Complaints Board said the advertisement's terminology was technically correct and was not misleading to consumers.

The Complaints Board ruled the advertisement was not in breach of Principle 2 or 3 of the Code for Advertising Gaming and Gambling and had been prepared observing a high standard of social responsibility.

Accordingly, the Complaints Board ruled to not uphold the complaint. DESCRIPTION OF ADVERTISEMENT

The YouTube advertisement for the TAB said "Your heart wil race this Melbourne Cup season. The Caulfield Cup is this Saturday. Join the TAB and get a $20 bonus with your first deposit using promo code GET20. Terms and Conditions apply. TAB - Now you're in the game!" COMPLAINT FROM J LYNCH

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17/393 I have heard, and seen on YouTube advertising ((I have tried saving the URL but the ad changes whilst the URL stays the same) an advertisement a number of times (specifically today referring to the Caufield Cup). The ad refers to "making a deposit" instead of making a bet. Using the term "deposit" is disingenuous and manipulative, Deposit: 1. To put or set down, esp carefully or in a proper place; place 2. To entrust for safekeeping; consign 3. (Banking & Finance) to place (money) in a bank or similar institution in order to earn interest or for safekeeping 4. (commerce) to give (money) in part payment or as security

Using the term deposit implies that money is to be returned or refunded or is being held in trust or safekeeping. It does not have the negative implications that the term "bet" Bet : 1. An agreement usually between two parties that the one who has made an incorrect prediction about an uncertain outcome will forfeit something stipulated to the other; a wager: made a bet that it would stop raining before 2:00. 2. An amount or object risked in a wager; a stake: a bet of $50.

There is no mention of the risk of loss and the bias towards the organisation holding the bet as against the loss to the bettor. This ad does little to promote responsible gambling.

CODE FOR ADVERTISING GAMING AND GAMBLING

Principle 2: Advertisements should observe a high standard of social responsibility. Principle 3: Advertisements should not by implication, omission, ambiguity or exaggerated claim mislead or deceive or be likely to mislead or deceive consumers, abuse the trust of or exploit the lack of knowledge of consumers, exploit the superstitious or without justifiable reason play on fear.

RESPONSE FROM ADVERTISER - NEW ZEALAND RACING BOARD

Introduction The New Zealand Racing Board (the NZRB) refers to your letter, dated 30 October 2017, regarding the complaint received from J Lynch (the complainant) concerning the TAB's Caulfield Cup advertisement (Complaint 17/393) (the TAB advertisement).

Thank you for providing the NZRB with the opportunity to respond to this complaint.

The NZRB and the TAB Under the Racing Act 2003, the NZRB is the sole entity authorised to conduct betting on racing and sports in New Zealand. The NZRB operates this through its "TAB" brand.

The NZRB's statutory objectives are to facilitate and promote racing betting and sports betting and to maximise its profits for the long-term benefit of New Zealand racing. The NZRB's advertising of the TAB, and its products, is an important vehicle for furthering its statutory objectives.

In carrying out its functions, the NZRB is to exhibit a sense of social responsibility by having regard to the interests of the community in which it operates. The NZRB also is charged with problem gambling responsibilities. 3

17/393 The NZRB takes its responsibilities as a responsible gambling operator very seriously. Specifically, the NZRB is careful to ensure its advertising complies with the Advertising Standards Authority (ASA)'s Codes of Practice.

Response to the Complaint The NZRB has responded to the complaint in the attached ASA Complaint Response form, including responding to the relevant Principles and Guidelines from the Code for Advertising Gambling and Gaming (the Code).

Conclusion The NZRB does not consider that the TAB advertisement breaches Principle 2,3 or the associated Guidelines of these Principles of the Code. The NZRB seeks that the ASA does not uphold this complaint.

The NZRB is grateful for the opportunity to provide a response to this complaint. Please advise the NZRB if the ASA requires any further information.

A basic, neutral description of the The advertisement is from the New Zealand Racing advertisement Board (NZRB). The NZRB's wagering brand is the TAB. The advertising campaign as a whole promotes "Melbourne Cup Season" across a variety of mediums. Overall, the campaign comprises advertisements about the Melbourne Cup Season and specifically the Melbourne Cup Race (7 November) and each of the lead up races/race meetings (being the Caulfield Cup (21 October), Cox Plate (28 October) and Victoria Derby (4 November)). The content of the various advertisements are similar, with the relevant race meeting name being changed for each advertisement. The advertisement which is the subject of the complaint is the Caulfield Cup radio advertisement (the Caulfield Cup advertisement/ the advertisement). The Caulfield Cup advertisement starts by referring 4

17/393 passed). As at the date of writing, similar advertisements for Victoria Derby and Melbourne Cup are being/will be played. The Melbourne Cup Season advertisement has concluded. A high definition copy can be supplied on request A copy of digital media file(s) of the advertisement - if the complaint relates to on-screen graphic, please send a broadcast quality version. The advertising campaign is designed to raise Who is the product / brand target awareness and excitement in the 2017 Melbourne audience? Cup and associated race meetings surrounding the Cup. The target audience is New Zealanders aged 18 years and over. The complainant appears to take issue with the use Clear substantiation on claims that of the word "deposit" in the Caulfield Cup are challenged by the complainant. advertisement. The complainant suggests that the advertisement should refer to "making a bet" rather than the term "deposit." The NZRB does not agree that the advertisement should refer to "making a bet", rather than "deposit." In order to qualify for the $20 account bonus, the customer is required to make a first deposit into their TAB account. The action required to qualify for the account bonus is to deposit funds (and not to bet with those funds). This is clear from the advertisement (and from the accompanying terms and conditions of the $20 account bonus promotion). In fact, the customer would not be able to make any bets through their TAB account until funds have been deposited. This is because the account would have a zero balance (and betting on credit is illegal in New Zealand). Therefore, the customer is unable to make a bet until a deposit is completed. Therefore, "deposit" is the correct terminology to use in the advertisement. The complainant suggests that the term "deposit" implies that the funds are to be returned or refunded or are being held in trust, which he claims is not the situation here. Whilst the purpose of a TAB account is to facilitate betting with the TAB, a customer is not prevented from withdrawing deposited funds. A customer can choose to withdraw deposited funds (or have their deposited funds remitted back to their 6

17/393 credit card, if funds have been originally deposited by credit card). Funds held in TAB accounts are held by the NZRB in a trust arrangement for the benefit of TAB customers. Code Principles and Guidelines The ASA has indicated that it considers the relevant section of the ASA Code of Practice to be the Code for Advertising Gaming and Gambling (the Code), specifically Principle 2 and Principle 3. The NZRB does not consider that the TAB advertisement breaches Principle 2 or the associated Guidelines of Principle 2 of the Code. Each of the Guidelines for Principle 2 is discussed in turn below. a) Advertisements should not be directed at minors, have strong or evident appeal to minors, nor portray minors participating in activities in which they are under the legal age. Minors may appear in situations in which they would be naturally found (e.g. a family meal), provided there is no direct or implied suggestion that they will participate in the gaming. The TAB advertisement is not directed at minors, nor designed to have strong or evident appeal to minors. No minor speaks in any part of the advertisement at all. The voice in the advertisement is an adult (and the voice does not sound as though it belongs to someone under the age of 18). b) Advertisements should not promote reliance on gaming as a means of relieving a person's financial or personal difficulties. There is no reference (either explicit or implied) in the advertisement that participating in betting is a means of relieving financial or personal difficulties. c) Advertisements should not encourage consumers to participate excessively or beyond their means The advertisement does not encourage customers to bet excessively or beyond their means. The advertisement makes no specific reference to betting at all. d) Advertisements should not state or imply a 7

17/393 promise of winning nor portray unrealistic outcomes. The advertisement does not state a promise of winning, nor portray any unrealistic outcomes. The reference to the TAB's slogan "Now you're in the game" could be taken as suggesting that there is an opportunity to win, should you be a TAB account customer and a customer who has a bet on a race/sports match. However, the advertisement does not imply a promise of winning. e) Advertisements should not exaggerate the connection between the gaming activity and the use to which the profits may be put. There is no depiction of the connection between the gaming activity and the use to which the profits may be put. The NZRB considers that the TAB advertisement reflects Principle 2 "Advertisements should observe a high standard of social responsibility". The advertisement seeks to inform listeners about the Melbourne Cup campaign, and specifically Caulfield Cup Day. The NZRB encourages listeners to join the TAB, an activity which is consistent with the NZRB's statutory objectives. The voice in the advertisement is clearly from someone over 18, there is no reference to betting, no information on bet winnings is given and there is no suggestion that betting is an appropriate means of relieving financial difficulty. The NZRB also does not consider that the advertisement breaches Principle 3 or the associated Guidelines of Principle 3 of the Code. a) Winning claims should be factual and able to be proven. The chances of winning or the size of the prize should not be exaggerated. The advertisement makes no explicit reference to winning or the size of the prize. The reference to the TAB's slogan "Now you're in the game" could be taken as suggesting that there is an opportunity to win, should you be a TAB account customer and a customer who has a bet on a race/sports match. However, the chances of winning are not exaggerated and no prize sizes are specified. b) Advertisements should not state or imply that a 8

17/393 player's skil can influence the outcome of a game unless the skill can affect the outcome of the game. The advertisement does not state or imply that a player's skil can influence the outcome of a game. The NZRB considers that the advertisement reflects Principle 3 "Advertisements should not by implication, omission, ambiguity or exaggerated claim mislead or deceive or be likely to mislead or deceive consumers, abuse the trust of or exploit the lack of knowledge of consumers, exploit the superstitious or without justifiable reason play on fear." The NZRB does not consider that the advertisement misleads or deceives consumers in any manner, abuses the trust or lack of knowledge of consumers' exploits the superstitious or plays on fear. No issue with release. The response from the advertiser is included in the published decision. The ASA is not able to accept confidential or proprietary information. Please contact the Complaints Manager if this is an issue.

For Broadcast advertisements: Attached A copy of the script Attached A copy of the media schedule and spot list The TAB TVCs always have a GXC (General Except CAB key number and rating Children) CAB rating. Our CAB Key Numbers for our Melbourne Cup Season ads are below: Caulfield Cup 30" TAB/30/189

For Digital advertisements: For digital platforms we are using the below and have What platform tools have you used age exclusions in place where possible: to target your audience?

? Stuff & NZ Herald Homepage Tenancy Buys across desktop and mobileActivity will reach all people (unable to be targeted).

? Facebook In terms of social, age is determined by the date of birth users supply when signing up to the platform. We only target those 18+.

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The data used in this site has been taken from the New Zealand Advertising Standards Authority's Complaints Database. Some adjustments have been made to improve consistency, such as standardising company and complainant names. We do not guarantee the accuracy of this data. If you find any errors, please let us know by emailing us at [email protected].